2014 (1) TMI 212

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....s Das Gupta, Advocate For the Respondent: Shri S. Chakraborty, Asstt.Commr. (A.R.) ORDER Per Dr. D. M. Misra : This is an application for waiver of pre-deposit of cenvat credit of Rs.96,04,691/- and equal amount of penalty imposed under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, the ld. Sr. Advocate appearing fo....

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....ibility of credit on the said items. Therefore, they have availed cenvat credit treating the same as capital goods even though the same used in the fabrication of the various machineries, plant, etc. in the factory premises. 3. The ld. A.R. for the Department reiterated the findings of the ld. Commissioner and submitted that the applicants were inconsistent in their approach in availing cenvat ....

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....assessee where extended period of limitation is involved but directed deposit where the notice is for normal period. In the present case, two show-cause notices were issued for normal period of limitation. The ld. Sr.Advocate for the applicant has made a fair offer to deposit the entire amount of cenvat credit of Rs.2,43,357/- and Rs.1,68,434/-, respectively, relating to normal period of limitatio....